Customer and Vendor Contracts
Contracts between merchants are typically governed by the Uniform Commercial
Code (UCC). These laws create certain implied duties between the parties
to an agreement. Knowing and navigating these duties is an important part
of vendor and customer contracting.
Another crucial part of customer and vendor contracts is negotiation. Particularly
in this difficult economic climate, all contracting parties want to make
sure that they have enough security to plan for the future but enough
flexibility in their agreements to be able to adapt to shifting economic
winds. Making sure that these protections are reflected in your contract
is part of a lawyer's job. When dealing with vendor contracts, typically
both parties are merchants as defined in the UCC which means that there
are different procedures for establishing a contract.
For example, when one merchant makes an offer to another, unless the second
merchant explicitly rejects or objects to the original offer and makes
a counteroffer, most changes presented in a counteroffer will not be considered
as part of the contract. These and other changes are particular to the UCC.
Customer and vendor contracts also typically include provisions regarding
default or breach. If one party is unable or unwilling to comply with
the agreement, the contract usually will spell out the consequences for
the breaching party. This helps business owners or customers make informed
and rational business decisions.
If you want to contact Owens and Perkins regarding a Customer or Vendor Contract,